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HomeMy WebLinkAboutDesmond, Marcello & Amster - 2009-02-06F CONTRACTS SUBMITTAL TO CITY CLERIC'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Desmond, Marcello & Amster Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Appraisal Services Amount of Contract: $30,000 Copy of contract distributed to: The original insurance certificate/waiver distributed ❑ Initiating Dept. ❑ to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: �i l a e/Exten ion City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND DESMOND, MARCELLO, & AMSTER FOR APPRAISAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the Redevelopment Agency of the City of Huntington Beach, a public body of the State of California, hereinafter referred to as "AGENCY, and Desmond, Marcello & Amster a LLC hereinafter referred to as "CONSULTANT." WHEREAS, AGENCY desires to engage the services of a consultant to rovide appraisal services :and Pursuant to documentation on file in the office of the Agency Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by AGENCY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Aaron D. Amster who shall represent it and be its sole contact and agent in all consultations with AGENCY during the performance of this Agreement. agree/ surfnet/agencv prof Svcs to $49,999 12-07 ] 2. AGENCY STAFF ASSISTANCE AGENCY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM: TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on - (o , 2O�j� (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by AGENCY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, AGENCY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed thirty thousand -------------------- Dollars ($ 30,000.00----�, 5. EXTRA WORK In the event AGENCY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from AGENCY. agree/ surfnet/agency prof Svcs to $49,999 I2-07 2 Additional compensation for such extra work shall be allowed only if the prior written approval of AGENCY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B " 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to AGENCY, and CONSULTANT shall turn these materials over to AGENCY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by AGENCY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless AGENCY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of AGENCY. CONSULTANT will conduct all defense at its sole cost and expense and AGENCY shall approve selection of CONSULTANT's counsel. This agree/ surfnet/agency prof Svcs to $49.999 12-07 3 indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to AGENCY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of AGENCY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify AGENCY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the AGENCY with required proof that insurance has been procured and is in force and paid for, the AGENCY shall have the agree/ surfnet/agency prof Svcs to $49,999 ]2-07 4 right, at the AGENCY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the AGENCY for any work performed prior to approval of insurance by the AGENCY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY a certificate of insurance subject to approval of the Agency Counsel evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. AGENCY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. agree/ surfnet/agency prof svcs to $49,999 12-07 5 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of AGENCY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. AGENCY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by AGENCY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of AGENCY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of AGENCY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/ surfnet/agency prof Svcs to $49,999 ]2-07 6 14. COPYRIGHTS/PATENTS AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. AGENCY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY shall have any financial interest,in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section I hereinabove) or to AGENCY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. AGENCY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO AGENCY: Redevelopment Agency of the City of Huntington Beach ATTN: Tina Krause 2000 Main Street Huntington Beach, CA 92648 agree/ surfnet/agency prof Svcs to $49,999 12-07 7 TO CONSULTANT: Aaron D. Amster 6060 Center Drive, # 825 Los Angeles, CA 90045 (310) 216-1400 17. CONSENT When AGENCY'S consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval, to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act agree/ surfnet/agency prof Svcs to $49,999 12-07 8 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and AGENCY agree that AGENCY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the Agency Counsel is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/ surfner/agency prof svcs to $49,999 12-07 9 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify AGENCY fully for any injuries or damages to AGENCY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT's Initials " 1 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or agree/ surfnet/agency prof svcs to $49,999 12-07 10 anyone acting on that parry's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the Agency Counsel. This Agreement shall expire when terminated as provided herein. CONSULTANT, Desmond, Marcello & Amster COMPANY NAME print name r1 e, n a4#& j ITS: (circle one) Chairman/President/Vice President AN By/ " & a,2- Ne- k wPVCU-uy print name hA ,et" a eK ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer agree/ surfnet/agency prof Svcs to $49,999 12-07 I 1 REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a political body of the State of California Deputy Ex uti Director APPROVED AS TO FORM: Agency Coun Date 02 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) DESMOND, MARCELLO & AMSTER will provide goodwill loss appraisal services and fixture and equipment appraisal services to the city on an as -needed basis. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Services Required For Goodwill Loss Appraisal: If the City requires goodwill loss appraisal services, the consultant will conduct the necessary research, investigation, and analysis to provide written appraisal reports in compliance with the standards of the Uniform Standards of Professional Appraisal Practice as it pertains to business valuations. The work plan for the appraisal will follow the following order: 1 Upon receipt of a scope of assignment from City Staff, Consultants will interview the owners and/or managers of the subject business and/or review deposition transcripts. Such interviews are intended to provide consultant with a thorough understanding of the business' products, operations, management, employees, marketing, competition, and industry, as well as an understanding of recent financial trends and outlook; 2. Complete site and area inspections of both the subject location and the business' relocation site, if applicable; 3. Review leases and other contracts pertinent to business operations; 4. Coordinate with other professionals, such as fixtures and equipment appraisers, real estate appraisers, and relocation consultants, to avoid duplication of compensation; 5. Complete independent research in the business' industry and the economic factors affecting the business; 6. Investigate the impact of taking and/or relocation, if applicable, on the business revenues and profits in the "after" condition; 7. Implement valuation methods, such as the Income Approach and Market Approach, to determine the value of the business' goodwill in both the before condition and in the after condition; 8. Prepare a valuation report; and 9. Attend any required meetings or conferences with the client regarding appraisal questions. Surfnet Exhibit A Assuming full and timely cooperation from all parties, the goodwill loss appraisal will be completed within 30 days of a client's authorization to proceed. Aaron D. Amster will serve as the principal appraiser for all assignments issued by the City of Huntington Beach. Certain associates may assist from time to time; however, Aaron D. Amster will be present and serve as the principal appraiser in all phases of an appraisal assignment, including the inspection of the subject property (ies), market data gathering process, market data analysis, valuation analysis, and drafting of the formal appraisal report. Services Required For Fixtures and Equipment Appraisal. If the City requires fixture and equipment appraisal, the consultant will conduct the necessary research, investigation, and analysis to provide written appraisal reports in compliance with the standards of the Uniform Standards of Professional Appraisal Practice as it pertains to fixtures and equipment evaluations. The work plan for the appraisal will follow the following order: 1. Upon receipt of a scope of assignment from City Staff, Consultants will interview the owners and/or managers of the subject business and/or review deposition transcripts. Such interviews are intended to provide consultant with a thorough understanding of the business' products, operations, management, employees, marketing, competition, and industry, as well as an understanding of recent financial trends and outlook; 2. Coordinate with relocation agents, acquisition agents and attorney's; 3. Prepare a complete inventory of the assets at the subject business location. This inventory will include a description of assets as well as an observation of their age, condition, and method of installation, if any; 4. Review any documentation pertaining to the assets provided by the business' owner or manager, such as invoices, depreciation schedules, and construction contracts; 5. Interview business owners and /or managers; 6. Research the marketplace for each of the assets identified on -site. Such research includes reference to a variety of publications as well as discussions with individuals knowledgeable about the market for assets; 7. Coordinate with other appraiser to avoid duplication of compensation; 8. Apply valuation methods including the Market Approach and Cost Approach to the subject classes; and 9. Prepare the appraisal report. Surfnet Exhibit A Assuming full and timely cooperation from all parties, the goodwill loss appraisal will be completed within 30 days of a client's authorization to proceed. Aaron D. Amster will oversee Richard Hodges, Senior Manager of Fixtures and Equipment, the principal appraiser, for all assignments issued by the City of Huntington Beach. Certain associates may assist from time to time; however, Richard Hodges will be present and serve as the principal appraiser in all phases of an appraisal assignment, including the inspection of the subject property (ies), market data gathering process, market data analysis, valuation analysis, and drafting of the formal appraisal report. C. CITY'S DUTIES AND RESPONSIBILITIES: City will provide vendor with detailed scope of work for each appraisal assignment. D. WORK PROGRAM/PROTECT SCHEDULE: The consultant will provide a timeline for each appraisal assignment requested. Surfnet Exhibit A EXHIBIT "B" Payment Schedule (Hourly Basis) 1. CONSULTANT shall be entitled to monthly payments for work performed under this contract on a not -to -exceed basis. A. Total fees shall not exceed Thirty Thousand Dollars ($30,000.00). CONSULTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum limit. The fee schedule for professional goodwill loss appraisal and fixture and equipment appraisal will be based on the following fee structure: Rate Schedule Desmond, Marcello & Amster Title Staff Member Standard Rate Depo/Court Appearance Rate BUSINESS VALUATIONIGOODWILL Senior Partner Aaron Amster 295 400 Partner Wesley Nutten 295 400 Partner Madeleine 141amaux 250 350 Senior Manager Ricardo Gohi 200 250 Senior Manager Eric Lietzow 200 250 Manager Diane Christensen 175 200 Senior Financial Analyst Kevin Blair 150 N/A Financial Analyst Joseph Jackson 125 N/A Financial Analyst Patricia Francis 120 NIA Financial Analyst David. Lewin 120 N/A TANGIBLE ASSET VALUATION Senior Mannager Rich Hodges 200 300 Manager htichael Lacey 170 250 Senior Appraiser Marcus Pigrom 135 N/A 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate Surfnet Exhibit B EXHIBIT B Hourly Basis progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Surfnet Exhibit B EXHIBIT B Hourly Basis INSURANCE AND INDEMNIFICATION WAIVER 1. Requested by: Jason Machado l JA% 2 6 2009 2. Date- January 22, 2009 city of Huniing%ic I Beach 3. Name of contractor/permittee: Desmond, Marcello & Amster City Atiorne'/ � Cff''ce 4. Description of work to be performed: New appraisal services contract 5. Value and length of contract: $30,000 and three years 6. Waiver/modification request: Deductible is $15,000 , City allows up $10,000 7. Reason for request and why it should be granted: Can not comply with current City Standard 8. Identify the risks to the City in approving this waiver/modification: None Department H` ad ignature ®12- Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management nd toe City Attorney's Office disagree. Management � - f v .Approved ElDenied ` ? ; j ignature Date 2. City Attorney's Office pproved ❑ Denied J- �1 Signature Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services waiver form 1/22/2009 1:47:00 PM DATE (MMIDD/YYYY) ACORP. CERTIFICATE OF LIABILITY INSURANCE 01/19/2009 PRODUCER (714) 569-2700 FAX (714) 569-3099 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Pridemark-Everest Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A Leavitt Group Co #OF13098 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR p ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1820 E. First Street, Ste 500 Santa Ana, CA 92705 INSURERS AFFORDING COVERAGE NAIC # INSURED Desmond, Marcell & Amster, LLC INSURERA Indian Harbor Insurance Compan 36940 6060 Center Drive, Suite #825 INSURER B: Los Angeles, CA 90045 INSURER C: INSURER D: INSURER E: r —MArCC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE ❑ OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY JE a LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS A p� g tLS ED V F BODILY INJURY (Per accident) $ HIREDAUTOS NON-OWNEDAUTOS + p`� mcri , yQgJ37 av� PROPERTY DAMAGE (Per accident) $ rr GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ REDUCTIBLE $ ETENTION $ WORKERS COMPENSATION AND - WC STATU- OTHER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ - E.L. DISEASE - EA EMPLOYE $ - OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ A OTHER rrors & Omissions etro Date: 04/01/1991 MPPOO1841103 04/16/2009 04/16/2009 Per Occur Limit $2,000,000- Aggregate Limit $2,000,000 Each Claim Deductible $15,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: 3 Year - Appraisal Contract Operations of the Named Insured as on file with the insurance carrier. 10-Day Notice of Cancellation for Non-payment of Premium/Non-reporting of Payroll. City of Huntington Beach Mr. Jason Machado, Development Specialist 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE �'✓/ Z, Gary Wells/JEMUEL ACORD 25 (2001/08) ©ACORD CORPORATION 1988 AD-OjWT,. CERTIFICATE OF LIABILITY INSURANCE 0l/14/2009 PRODUCER (714) 569-2700 FAX (714) 569-3099 Pridemark-Everest Insurance Services, Inc. A Leavitt Group Co #OF13098 1820E. First Street, Ste 500 Santa Ana, CA 92705 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Desmond, Marcello & Amster, LLC 6060 Center Drive, Suite #825 Los Angeles, CA 90045 INSURERA: Hartford Casualty Company 029424 INSURERS: INSURER C: INSURER D: INSURER E: rn%1=0A r_FC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDf)rY) LIMITS GENERAL LIABILITY 72SBANM9496DX 08/15/2008 08/15/2009 EACH OCCURRENCE $ 1,000,00( X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,00( CLAIMS MADE OCCUR MED EXP (Any one person) $ 10,00( A PERSONAL & ADV INJURY $ 1,000,00( GENERAL AGGREGATE $ 2,000,00( GEN'L AGGREGATE LIMIT APPLIES PER'. PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRC7 LOC AUTOMOBILE LIABILITY ANY AUTO 72SBANM9496DX 08/15/2008 08/15/2009 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,00 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Insd Does Not Have <gNjl_:, "�' ��� FOI G RA i' BODILY INJURY (Per person) $ X BODILY INJURY (Per accident)$ X X PROPERTY DAMAGE (Per accident) $ Owned Autos. GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY 72SBANM9496DX 08/15/2008 08/15/2009 EACH OCCURRENCE $ 1,000,000 OCCUR CLAIMS MADE _ AGGREGATE $ 1,000,000 A $ $ RXDEDUCTIBLE RETENTION $ 10,00 $ WORKERS COMPENSATION AND WC STATU- I OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ It yes, describe under SPECIAL PROVISIONS below E-L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS e: 3 Year - Appraisal Contract Operations of the Named Insured as on file with the insurance carrier. ert holder is Addl Insd (`*see notes) as respects Gnrl Liab per Form SS 00 08 04 05 attached. rimary Wording & Waiver of Subrogation incl in SS0008 04 05. **As required by written contract.*** `10-Day Notice of Cancellation or Non-payment of Premium. City of Huntington Beach Mr. Jason Machado, Development Specialist 2000 Main Street Huntington Beach, CA 92648 r' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Kemper Eakle/JEMUEL %> �.--- ACORD 25 (2001/08) ©ACORD CORPORATION 1988 JA,N 2 City of Huntington Beach Certificate issued to City of Huntington Beach 01/14/2OO9 Pridemark-Everest Insurance Services, Inc. O1/19/2009 Complete Additional Insured name: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers DATE (MM/DD__Y) ACDIRP, CERTIFICATE OF LIABILITY INS NCE 01/19/2009 PRODUCER (714) 569-2700 FAX (714) 569-3099 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Pridemark-Everest Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A Leavitt Group Co #OF13098 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR p ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1820E. First Street, Ste 500 Santa Ana, CA 92705 INSURERS AFFORDING COVERAGE NAIC # INSURED Desmond, Marcelio & Amster, LLC INSURERA: Employers Compensation 11512 6060 Center Drive, Suite #825 INSURERB: Los Angeles, CA 90045 INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DDIYYI POLICY EXPIRATION DATE (MMIDDIYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE El OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO- LOC JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY '(Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR a CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND FN032381505 08/01/2008 08/01/2009 X I WC STATU- o R A EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE4 $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS e: 3 Year - Appraisal Contract Operations of the Named Insured as on file with the insurance carrier. *10-Day Notice of Cancellation for Non-payment of Premium/Non-reporting of Payroll. City of Huntington Beach Mr. Jason Machado, Development Specialist 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE i Gary Wells/JEMUEL `I ACORD 25 (2001108) ©ACORD CORPORATION 1988 VirzoeTtYlTivu If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) CITY OF HUNTINGTON BEACH Professional service Contracts Purchasing Certification 1. . Date: 1 /27/2009 3. Department: Economic Development 2. Contract Number: ECD 4. Requested by: Tina Krause 5. Name of consultant: Desmond, Marcello, & Amster 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants.. See attached 7. Amount of the contract: $30,000.00 8. Are sufficient funds available to fund this contract?' ® Yes ❑ No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ® Yes ❑ No 10. Business Unit and Object Code where funds are budgeted: 11. Is this contract less than $50,000? ® Yes ❑ No 12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 13. Is this. contract over $100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 14. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). See attached list 16. Attach proposed scope of work. See Exhibit A 17. Attach proposed payment schedule. See Exhibit B Department Head i n re RIOARIJ AMA IL Central Services Manager 1. If the answer to this question is "No," the contract will require approval from the City Council. 13 MAILING LIST FOR APPRAISAL SERVICES REQUESTS FOR PROPOSALS Christopher N. Hardy, MAI Parkcenter Realty Advisors Senior Vice President 801 North Parkcenter Drive., Suite 210 Santa Ana, CA 92705 Email: chardyeparkcntr.com (714)547-1733 Fax: (714) 972-1492 Kevin Cook, MAI 29811 Santa Margarita Parkway Rancho Santa Margarita, CA 92688 (949)713-3787 Email: kcmai@gox.net The Heath Group Attn: Sean Heath 11403 West Bernardo Court San Diego, CA 92127 (858) 673-1177 Email: sean@heath-group.com Lidgard and Associates Scott Lidgard, MAI 2808 E. Katella Ave., Suite 107 Orange, CA 92867-5246 Phone: (714) 633-8441 Fax: (714 633-8449 Email: scottfalid arg dinc.com Craig Dodson 111 Los Viento Drive Newbury Park, CA 91320 Cell (818) 515-5079 Home (805) 498-0668 Email: craigsdodson@yaahoo.com Kurt Goeppner Goeppner & Associates, Inc. 1096 Sea Bluff Drive Costa Mesa, CA 92627 (800) 334-1956 Email: kgoeppner�?a,earthlink.net Lea Associates, Inc. Robert M. Lea, MAI MAILING LIST FOR APPRAISAL SERVICES REQUESTS FOR PROPOSALS 1635 Pontius Avenue Los Angeles, CA 90025 (310)477-6595 Email: challleaassoc.com Michael Fairchild 21071 Jenner Lake Forest, CA 92630-7078 (949) 689-3438 Email: mfairchildl0l@aol.com Valentine and Associates Gary Valentine 23942 Lyons Ave., Santa Clarita, CA 91321 Phone: (661) 288-0198 Fax: (661) 288-0197 Email: gs@valentineappraisal.com Peter Finnerty, MAI Pacific Real Estate Consultants 4060 Campus Dr., Suite 230 Newport Beach, CA 92660 Phone: (949) 752-9323 Fax: (949) 752-4920 Email: pacrecon@,pacbell.net Gary Vogt, MAI Gary Vogt and Associates 33191 Paseo Blanco San Juan Capistrano, CA 92675-4617 Phone: (714) 489-8029 Email: glvo t a cox.net Leonard Lichter, Certified General Appraiser The Real Estate Mart 17111 Beach Blvd., #2.12 Huntington Beach, CA 92647 Phone: (714) 841-6691 Fax: (714) 848-9193 Email: salesna.therealestatemart.com Desmond, Marcello and Amster 6060 Center Drive Los Angeles, CA 90045 Phone: (310) 216-1400 MAILING LIST FOR APPRAISAL SERVICES REQUESTS FOR PROPOSALS Fax: (310) 216-0800 Email: info@dmavalue.com Jeffrey T. Nagasaki, MAI Nagasaki & Associates 2421 West 205" St. Torrance, CA 90501 Phone (310) 224-7900 ext 103 Fax (310) 224-7901 Email: jn asaki ,sbcglobal.net or igfflleytn@Msn.com R. P. Laurain & Associates, Inc. 3353 Linden Avenue, Suite 200 Long Beach, CA 90807 Phone: (562) 426-0477 Fax: (562) 988-2927 Email: johp ftlaurain.com James Netzer James B. Netzer, MAI 234 E. 17a' St., #209 Costa Mesa, CA 92627 Phone: (494) 631-6799 Fax: (949) 631-4631 Email: iamesbnetzerCa7aol.com Greg Wingerd 19152 Yacht Lane Huntington Beach, CA 92646 (714) 963-8846 Email: gpgraiser@tmail.com Cash Gill Gill Group Email: cash. ill t 1group.com David Gribin Gribin Company 22551 Ventura Blvd., Ste 201 Woodland Hills, CA 91364-1427